- 1 - HC-KAR NC: 2025:KHC:24808 WP No. 18960 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18960 OF 2025 (GM-RES) BETWEEN: 1. 2. SRI. SHANTHA KUMAR G R., S/O. SRI. RAMA NAYAK, AGED ABOUT 35 YEARS, SMT. REKHA W/O SHANTH KUMAR G.R., AGED ABOUT 35 YEARS, BOTH ARE R/AT NO.20, 12TH CROSS, VENUGOPAL NAGAR, DODDABIDARAKALLU, BENGALURU-560 073. …PETITIONERS (BY SRI. GIREESHA R J.,ADVOCATE) AND: 1. STATE BY PEENYA POLICE STATION, BENGALURU - 560 058 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. N.V. SAKUNTHA D/O SRI. SUBBARAYUDU AGED ABOUT 38 YEARS R/AT AVAKU VILLAGE AMAKU MANDALAM Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24808 WP No. 18960 of 2025 KARNOOL DISTRICT ANDRA PRADESH - 518 001. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA HCGP FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN S.C NO.1033/2018 ON THE FILE OF 53RD ADDITIONAL CITY CIVIL AND SESSIONS SPECIAL JUDGE AT BENGALURU (CCH-54) B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT BY QUASHING THE IMPUGNED ORDER DATED 20.05.2025 PASSED IN S.C.NO. 1033/2025 ON IA U/S. 311 OF CR.P.C BY THE 53rd ADDITIONAL CITY CIVIL AND SESSIONS SPECIAL JUDGE AT BENGALURU (CCH-54) PRODUCED AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION FILED THE PETITIONERS U/S. 311 CR.P.C AND PERMITTED THEM TO CROSS EXAMINATION OF PW1, IN THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is by the accused Nos. 1 and 2 in S.C. No.1033/2018 on the file of the LIII Additional City Civil and Sessions Special Judge, Bengaluru challenging the order dated 01st July, 2023, whereby, the application filed by the petitioners-accused Nos.1 and 2 under Section 311 of the Code of Criminal Procedure to recall the complainant who was examined as PW1 to cross-examine her was rejected. - 3 - HC-KAR NC: 2025:KHC:24808 WP No. 18960 of 2025 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the respondent No.2-complainant had instituted the aforesaid proceedings against the petitioners for the alleged offence punishable under Sections 420, 376, 323, 504 and 506 of IPC In the said proceedings, the respondent No.2-complainant examined herself as PW1 and was cross-examined by the petitioners. Subsequently, the petitioners-accused Nos. 1 and 2 having filed the application under Section 311 of the Code of Criminal Procedure to recall the PW1 for further cross- examination, the learned Magistrate rejected the said application by passing the impugned order, which is assailed in the present petition. 4. Learned counsel for the petitioners submits that, if the impugned order is set-aside and the petitioners-accused Nos. 1 and 2 are permitted to cross-examine the PW1 further, the petitioners would complete the cross-examination of the PW1 on the next date of hearing before the Trial Court without - 4 - HC-KAR NC: 2025:KHC:24808 WP No. 18960 of 2025 seeking any adjournment under any circumstances whatsoever. It is therefore submitted that the impugned order be set-aside and application filed by the petitioners under Section 311 of the Code of Criminal Procedure to recall the PW1 for further cross- examine be allowed. 5. Per contra, learned counsel for the respondents opposed the petition and submits that there is no merit in the petition and same is liable to be dismissed. 6. In view of the aforesaid facts and circumstances of the case, though several contentions have been urged by learned counsel for both sides, by adopting a justice oriented approach and in order to provide one more opportunity to the petitioners-accused Nos.1 and 2, I deem it appropriate to allow the petition by imposing exemplary cost upon the petitioners with certain terms and conditions upon the petitioners with a direction to the Trial Court to dispose of the proceedings within a stipulated time frame. 7. In the result, I pass the following: O R D E R - 5 - HC-KAR NC: 2025:KHC:24808 WP No. 18960 of 2025 1) Criminal Petition is allowed; 2) Order dated 20.05.2025 passed in S.C. No.1033/2018 on the file of the LIII Additional City Civil and Sessions Special Judge, Bengaluru, rejecting the application filed under Section 311 of the Code of Criminal Procedure to recall the PW1 for further cross-examination is hereby set- aside; 3) The application filed by the petitioners- accused Nos.1 and 2 under Section 311 of the Code of Criminal Procedure to recall the PW1 for further cross-examination is hereby allowed subject to petitioners paying cost of Rs.5,000/- to the respondent No.2- complainant before the Trial Court on the next date of hearing; 4) The petitioners shall complete further cross- examination of the respondent No.2- complainant on next date of hearing before the Trial Court without seeking adjournment under any circumstances whatsoever; 5) The Trial Court shall dispose of the proceedings within a period of six months from the date of receipt of this order; - 6 - HC-KAR NC: 2025:KHC:24808 WP No. 18960 of 2025 6) All rival contentions and aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE RU List No.: 1 Sl No.: 52